A minimum proportion of used fats and oils in the biofuel production chain will be mandatory starting in 2028

In summary

On May 13, 2026, Interministerial Ordinance MME/MMA No. 3/2026 was published, establishing the minimum proportion of waste oils and fats in the raw materials used in the production of biodiesel, SAF, and green diesel.

In more detail

Interministerial Ordinance MME/MMA No. 3/2026 established a minimum proportion of 1% of waste oils and fats (WOF) relative to the total renewable raw materials used by each producer in the production process of biodiesel, sustainable aviation fuel (SAF), and green diesel.

For the purposes of the new regulation, RFO refers to oils and fats of animal or vegetable origin resulting from the food cooking process, which can be collected, pretreated, and used as raw material in the production of biodiesel, SAF, and green diesel.

The requirement will be voluntary for the 2026 and 2027 fiscal years, becoming mandatory as of January 1, 2028.

The new requirement applies exclusively to producers of biodiesel, SAF, and green diesel that use oils or fats as feedstock in their respective production processes, and does not apply to those that adopt production processes that do not involve such inputs.

In addition, starting in 2028, every three years, the minimum proportion of OGR will be reviewed by the Ministry of Mines and Energy (MME) and the Ministry of the Environment and Climate Change (MMA).

With regard to enforcement and monitoring, compliance with the minimum proportion will be verified annually by the National Agency of Petroleum, Natural Gas and Biofuels (ANP), which is responsible for regulating the procedures, deadlines, and instruments necessary to verify and enforce this obligation.